House
File
2007
-
Introduced
HOUSE
FILE
2007
BY
COLLINS
A
BILL
FOR
An
Act
relating
to
restitution
owed
by
a
person
who
is
1
convicted
of
homicide
by
motor
vehicle
for
unintentionally
2
causing
the
death
of
a
parent
of
a
minor
child.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5116YH
(3)
90
th/ns
H.F.
2007
Section
1.
Section
707.6A,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8.
In
addition
to
restitution
ordered
under
3
chapter
910,
if
a
person
is
convicted
of
violating
subsection
4
1,
2,
or
3,
and
if
the
deceased
victim
was
the
parent
of
5
a
minor
child,
the
convicted
person
shall
pay
additional
6
restitution
in
the
form
of
child
maintenance.
The
child
7
maintenance
restitution
shall
be
owed
from
the
date
of
the
8
victim’s
death
until
each
child
reaches
eighteen
years
of
age
9
and
has
graduated
high
school
or
the
class
of
which
the
child
10
is
a
member
when
the
child
reached
eighteen
years
of
age
has
11
graduated
high
school.
12
a.
The
court
shall
determine
a
reasonable
amount
for
child
13
maintenance
after
considering
all
of
the
following
factors:
14
(1)
The
child’s
financial
needs
and
resources.
15
(2)
The
financial
needs
and
resources
of
the
child’s
16
surviving
parent
or
guardian,
including
the
state
if
the
17
child
is
in
the
custody
of
the
department
of
health
and
human
18
services.
19
(3)
The
standard
of
living
to
which
the
child
is
accustomed.
20
(4)
The
child’s
physical
and
emotional
condition.
21
(5)
The
child’s
educational
needs.
22
(6)
The
reasonable
work-related
child
care
expenses
of
the
23
child’s
surviving
parent
or
guardian.
24
b.
Payment
of
the
additional
restitution
ordered
under
25
this
subsection
shall
have
the
same
priority
as
payment
of
a
26
victim’s
pecuniary
damages
under
sections
910.2
and
910.3B
in
27
the
offender’s
plan
for
restitution.
28
c.
Notwithstanding
any
provision
of
chapter
910
to
the
29
contrary:
30
(1)
An
order
to
pay
restitution
under
this
subsection
shall
31
be
offset
by
an
amount
equal
to
a
judgment
for
the
surviving
32
parent
or
guardian
for
child
maintenance
entered
against
the
33
person
ordered
to
pay
restitution
in
a
civil
proceeding,
if
34
applicable.
35
-1-
LSB
5116YH
(3)
90
th/ns
1/
3
H.F.
2007
(2)
If
a
person
is
ordered
to
pay
restitution
under
this
1
subsection
and
is
incarcerated
and
unable
to
pay
the
required
2
maintenance,
the
person
is
not
required
to
pay
the
restitution
3
or
enter
a
payment
plan
for
up
to
one
year
following
the
4
person’s
release
from
incarceration.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
requires
a
person
who
is
convicted
of
9
unintentionally
causing
the
death
of
another
by
operating
a
10
motor
vehicle
while
intoxicated,
while
driving
in
a
reckless
11
manner
with
willful
or
wanton
disregard
for
the
safety
of
12
persons
or
property
(including
driving
while
using
a
hand-held
13
electronic
communication
device),
while
eluding
or
attempting
14
to
elude
a
pursuing
law
enforcement
vehicle,
while
exceeding
15
the
speed
limit
by
25
miles
per
hour
or
more,
or
while
drag
16
racing
to
pay
additional
restitution
if
the
deceased
victim
was
17
the
parent
of
a
minor
child.
18
Current
law
requires
a
person
who
is
convicted
of
a
felony
19
in
which
the
act
committed
by
the
offender
caused
the
death
20
of
another
person,
including
a
violation
of
Code
section
21
707.6A(1),
(2),
and
(3),
to
pay
$150,000
in
restitution
to
the
22
victim’s
estate
or
heirs
at
law.
Such
restitution
is
paid
to
23
the
clerk
of
court
who
then
distributes
all
moneys
received
to
24
the
victims
designated
in
the
plan
of
restitution.
25
The
bill
sets
forth
factors
a
court
must
use
to
determine
26
the
child
maintenance
restitution
under
the
bill.
Child
27
maintenance
restitution
is
owed
from
the
date
of
the
death
of
28
the
victim
to
the
date
the
victim’s
child
reaches
the
age
of
18
29
and
graduates
high
school,
or
the
class
of
which
the
child
is
30
a
member
when
the
child
reached
18
years
of
age
has
graduated
31
high
school.
The
child
maintenance
restitution
may
be
reduced
32
in
an
amount
equal
to
an
award
obtained
in
a
civil
proceeding
33
if
the
award
is
ordered
for
a
similar
purpose.
34
If
a
person
is
ordered
to
pay
child
maintenance
restitution
35
-2-
LSB
5116YH
(3)
90
th/ns
2/
3
H.F.
2007
under
the
bill
and
is
incarcerated
and
unable
to
pay,
the
1
person
is
not
required
to
pay
the
restitution
or
enter
a
2
payment
plan
for
up
to
one
year
following
the
person’s
release
3
from
incarceration.
4
-3-
LSB
5116YH
(3)
90
th/ns
3/
3